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(영문) 대구지방법원 상주지원 2017.04.25 2017고단103
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 23, 2017, the Defendant driven B dump truck without a vehicle driver's license at a section of about 5 km from 3rd to the south-dong located in the same city, in the case of permanent stay around 16:00 to the other village in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection of suspected victims of violating the Traffic Act on the road and reporting on the situation of driving without licenses;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the instant crime even though he had a previous offense of violating the Traffic Act by driving a motor vehicle on several occasions.

However, considering the fact that the defendant acknowledges and reflects the crime, the fact that there is no previous driver's license, and the fact that the automobile driving-related crime between the last ten years was committed once, the punishment as ordered shall be determined by taking into account the circumstances shown in the arguments and records of this case.

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